There is an access right over part of the Fox Creek Circuit that allows legal access to the development site. The generally 3 meter wide right of way on the left side of Fox Creek County is a legal access road to the development site. Given the location of the access easement, it is considered that any vehicle traveling clockwise along the Fox Creek circuit toward the development site can reasonably be expected to remain within the easement.
Letter sent to the applicant requesting further information regarding issues of non-compliance with the Hills Development Control Plan 2012. Development Application 1294/2011/ZE for an Integrated Residential and Community Subdivision approved the development of Fox Creek Circuit adjacent to the development site . The development application to develop the Fox Creek Circuit sought approval to change the pre-determined road pattern.
A right of access exists over a portion of Fox Creek Circuit that allows legal access to the development site.
Objectives of the SP2 Infrastructure zone
Compliance with The Hills Development Control Plan 2012
DEVELOPMENT
The DCP also requires 6m side and rear setbacks for two storey components. The
The Applicant has provided the following justification
The numerical departure is considered to be acceptable based on the following
The open spaces are an extension of the living spaces, noting the double sliding doors that connect to the veranda and the POS that provide opportunities for the enjoyment of the residents. The common area is significantly larger than the minimum size and provides an area for the more active pursuits of residents outside of the individual POS areas, noting the well-equipped facilities. To provide private outdoor living space that is an extension of the dwelling for the enjoyment of the residents. . ii.
To provide a private outdoor living space that receives an adequate amount of sun in all months of the year. . iii. The nine units facing Windsor Road have their open space facing directly north, which will ensure high levels of solar access at all months of the year. Although the proposal does not achieve numerical compliance with the private open space requirements, it is considered to effectively meet the overall objectives of the clause and is supported. e) Clause 3.25 - Fences.
To ensure that fences do not detract from the overall visual appeal and character of the area.
Issues Raised in Submissions
The side and rear setback
Currently, some residents of
There are no individual
The proposed pedestrian
There does not appear to be
TREE MANAGEMENT COMMENTS
CONCLUSION
Development in Accordance with Submitted Plans
20141/11 Unit 7 – Elevations and Section 11 H 09/02/2017
Property Numbering
Construction Certificate
Building Work to be in Accordance with BCA
Fox Creek Circuit Infrastructure Inventory Report
Fox Creek Circuit Infrastructure Inventory Report – Post Construction
Demolition and Construction Access – Windsor Road
A Construction Management Plan must be prepared to manage this (and other relevant
Signage for Visitor Car Parking Area
Demolition Inspections
Demolition Notification
External Finishes
Protection of Public Infrastructure
Street Naming
Recycled Water
Minor Engineering Works
The proposed driveway must be built to Council’s medium duty standard
Retaining Wall/ Levels – Interface with Sydney Water Basin
The units of the individual dwellings must be set a minimum of 500mm above this top
Vehicular Access and Parking
Roads and Maritime
Adherence to Waste Management Plan
Commencement of Domestic Waste Service
Management of Construction and/or Demolition Waste
22. Disposal of Surplus Excavated Material
Provision of Domestic Waste Storage Areas
Acoustic Requirements
This includes the strip of land between the property boundary and the roadway
Construction Management Plan
Sediment and Erosion Control Plan
Security Bond – Road Pavement and Public Asset Protection
Security Bond Requirements
Should Council need to uplift the security bond, notice in writing will be forwarded to the
Section 94 Contribution – Balmoral Road Release Area
Special Infrastructure Contribution – Growth Centres
Tree Removal
Builder and PCA Details Required
Management of Building Sites – Builder’s Details
Erection of Signage – Supervision of Work
Contractors Details
Discontinuation of Domestic Waste Services
Approved Temporary Closet
Consultation with Service Authorities
Public Infrastructure Inventory Report
43. Sediment and Erosion Control
- Erosion and Sedimentation Controls
- Stabilised Access Point
- Demolition Works and Asbestos Management
- Dust Control
- Compliance with BASIX Certificate
- Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
- Hours of Work
- Removal of Septic Tank and Effluent Disposal Area
- Acoustic Requirements (During Construction)
- Construction Noise
- Contamination
- Works as Executed Plans
- Section 73 Compliance Certificate
- Provision of Electrical Services
- Provision of Telecommunication Services
Dust shields must be erected around the perimeter of the area and kept in good condition for the duration of the construction work. Pursuant to section 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development permit that all obligations set out in BASIX Certificate No. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.
Before allowing work to commence, your Principal Certifying Authority is required to give notice of these inspections under section 103A of the Regulations. NOTE: You are aware that inspections may only be carried out by the PCA, unless by prior agreement with the PCA and provided that this person is an accredited certification body. The emission of noise from the construction of the development must comply with the preliminary construction noise guidance published by the Department of Environment and Climate Change (July 2009).
This shall include the undergrounding of existing electrical services fronting the site and the removal of all redundant poles and cables, unless otherwise approved by Council in writing.
In all other cases (non-fibre ready facilities), either an agreement advice or network
Completion of Engineering Works
Public Infrastructure Inventory Report - Post Construction
Agreement for Onsite Waste Collection (Fox Creek Circuit)
Excision of SP2 Zoned Land
Creation of Restrictions / Positive Covenants
Final Acoustic Report
THE USE OF THE SITE
Lighting
Waste and Recycling Collection
Bin Pickup Area
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – ZONING MAP AND DCP ROAD LAYOUT
ATTACHMENT 4 – SITE PLAN
ATTACHMENT 5 – FOX CREEK ESTATE COMPARISSON PLAN
ATTACHMENT 6 – ELEVATIONS
ATTACHMENT 7 – LANDSCAPE PLAN
ATTACHMENT 8 – EXTRACT OF DEPOSITED PLAN 270732 (FOX CREEK ESTATE)
HISTORY
Compliance with The Hills Local Environmental Plan 2012
Clause 5.9 seeks to preserve the amenity of the area, including biodiversity values,
Land and Environment Court Planning Principle: Surrounding Development The application has been considered using the planning principle established by the Land
While the current application does not include the proposed dwellings for each lot in the plan, this principle is taken into account in relation to the ability of the lots to facilitate a future built form that is consistent with the principle. Is the appearance of the proposal in harmony with the buildings around it and the character of the street.
In regards to the first question, the Commissioner stated
The current proposal facilitates future built form capable of being compatible with the
4. Issues Raised in Submissions
Traffic Impacts
7. Notice of Motion – Ordinary Council Meeting 25 July 2017
Compliance with NSW Rural Fire Service Requirements
Subdivision Certificate Preliminary Review
Street addresses for the lots within this subdivision will be allocated as part of this
Demolition Notification
Demolition Inspections (Subdivision Applications)
Management of Construction and/ or Demolition Waste
Replacement Planting Requirements
9. Imported Waste Derived Fill Material
Contamination
Secure Properties and Maintain Vegetation
Disposal of Surplus Excavated Material
Construction Certificate
Street Trees
Road Opening Permit
The contractor is responsible for instructing sub-contractors or service authority
Engineering Works and Design
19. Tree Protection Signage
Mulching within Tree Protection Zone
Trenching within Tree Protection Zone
Erosion and Sedimentation Controls
Erosion and Sediment Control Plan Kept on Site
Notification of Asbestos Removal
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Demolition Waste Management Plan Required
Erection of Signage – Supervision of Work
Contractors Details
Sediment and Erosion Control
Service Authority Consultation – Subdivision Works
DURING CONSTRUCTION
Construction Noise
Contamination
Stockpiles
Asbestos Removal
Pool Water Disposal
38. Standard of Works
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Working Hours
Occupational Hygienist Report for Asbestos Removal
Completion of Subdivision Works
Compliance with NSW Rural Fire Service Requirements
Works as Executed Plans
Confirmation of Pipe Locations
Section 73 Compliance Certificate
48. Provision of Electrical Services
Provision of Telecommunication Services
Subdivision Certificate Application
Site/ Lot Classification Report
Final Plan and Section 88B Instrument
Waste and Recycling Collection
APPENDIX A
ATTACHMENTS
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTO
ATTACHMENT 3 – ZONING PLAN
ATTACHMENT 4 – LOT SIZE MAP
ATTACHMENT 5 – PLAN OF SUBDIVISION
ATTACHMENT 6 – NOTIONAL BUILDING PLATFORM PLAN
ATTACHMENT 7 – ALTERNATE LAYOUT PRESENTED BY OBJECTORS
A Plan of Management has been submitted to provide an operating environment that is
07/07/2017 Additional information submitted
An updated version of the traffic report was also submitted after the conciliation conference, intended to be submitted with the original application (dated 20 March 2017). A conciliation conference was held on May 29, 2017 due to the large number of submissions to the proposal. Council staff will consider the issues raised at the conference and this will aid in their assessment.
The applicant will consider the questions raised and consider amending the application, including the location of the yard. It should be noted that the applicant has not relocated the courtyard as proposed, but a slanted Plexiglas panel is proposed to reduce noise. Amendments to the proposal are considered not to warrant re-notification of the proposal due to their minor nature.
Compliance with DCP 2012
No, but the parking provision is satisfactory given the number of visitors, the context of the location and measures to supplement the on-site parking. No, due to the restricted nature of the site, limited landscaping has been provided within the car park. DCP requires 1 space per 1.85 m2 of service area in the bar and lounge plus 1 space per 2 employees, which requires the provision of 227 parking spaces, of which 19 parking spaces at the subject location plus 11 parking spaces at no.
An amendment is required to the Parking section (Part C Section 1) of DCP 2012 in relation to the calculated rate and provision of off-street parking.
It is considered that the proposed parking provided for this proposal is satisfactory given
The additional arrangements to supplement on-site parking addressed above in this
Comment
Issues Raised in Submissions
It is not appropriate to rely on the parking provided for adjacent premises as circumstances may change and you may not be able to use it. Title restriction no. 3 to ensure that these premises are available for hotel use during the scheduled hours. In this regard, a condition is recommended that requires the undertaking to be created before the certificate of occupation is issued.
The traffic report relies too much on public transport, as it is very limited in this area. There was no reference to the use of public transport when supporting the parking version. In the evening after 17:00, this car park is underutilized and given the peak demand for the proposal, it seems reasonable to replace the on-site parking offer.
The site includes adequate footpaths, pedestrian crossings (marked and signposted) and pedestrian refuges. The municipality is currently investigating various options to build a road that goes around the corner of the Ronde Hoek.
The hours of operation are
Patrons walking to their cars
The hotel is supported by
In regards to the use of the carpark and patrons talking, residents to the east are
- Development in Accordance with Submitted Plans (as amended)
- Provision of Parking Spaces
- Provision of a ten (10) seat mini bus
- Tree Removal
- Planting Requirements
- External Finishes
- Crime prevention through environmental design (CPTED) Requirements Compliance with the following requirements
- Directional Signage to Public Carpark
- Construction Certificate
- Building Work to be in Accordance with BCA
- Demolition Notification
- Grease Trap (food premises)
- Management of Construction and Demolition Waste
- Disposal of Surplus Excavated Material
- Construction of Bin Area
- Waste and Recycling Collection Contract
- Road Opening Permit
- Protection of Public Infrastructure
- Vehicular Access and Parking
- Minor Engineering Works
- Notice of Requirements
- Erosion & Sediment Control Plan
- Acoustic - Finishes
- Security Bond Requirements
- Sediment and Erosion Control Plan
- Works on Adjoining Land
- Security Bond – Road Pavement and Public Asset Protection
- Security Bond – External Works
- Protection of Existing Trees
- Trenching within Tree Protection Zone
- Council as Principal Certifying Authority
- Management of Building Sites – Builder’s Details
- Erosion and Sedimentation Controls
- Notification of Asbestos Removal
- Erosion & Sediment Control Plan Kept on Site
- Demolition Works and Asbestos Management
- Demolition and Construction Waste Management Plan Required
- Traffic Control Plan
- Erection of Signage – Supervision of Work
- Contractors Details
- Sediment and Erosion Control
- Separate OSD Detailed Design Approval
- Public Infrastructure Inventory Report
- Hours of Work
- Contamination
- Construction Noise
- Dust Control
- Mechanical ventilation in Food Premises
- Odour and Smoke Control
- Standard of Works
- Critical Stage Inspections – Development Works
- Plan of Management
- Landscaping Prior to Issue of Occupation Certificate
- Provision of Electricity Services
- Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate
- Maximum Capacity Signage to be Displayed in the Premises
- Food Premises Final Inspection
- Acoustic – Compliance assessment
No work (including excavation, backfilling or land reclamation) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required. All trees planted as part of the approved landscape plan must have a minimum pot size of 75 litres. All shrubs planted as part of the approved landscape plan must be a minimum pot size of 200mm.
Details of signage must be submitted to and approved by the Managers Development Assessment Council prior to use of the premises. Plans submitted with planning permission must be amended to include the terms of the building consent. All construction work must be carried out in accordance with the provisions of the Building Code of Australia.
Existing services/power poles affected by the construction of the driveway shall be relocated and/or decommissioned in accordance with the relevant service provider's requirements. This amount shall be adjusted at the time of actual payment in accordance with the provisions of the Hills Section 94A Contribution Plan. In accordance with Section 80A(6)(b) of the Environmental Planning and Assessment Act 1979, a bond must be lodged with Council to guarantee the construction, completion and performance of all off-site works.
A waste management plan for the construction and demolition phase of the development must be submitted to and approved by the Lead Certifying Authority prior to commencement of works. All requirements of the approved plan must be implemented during the construction and/or demolition phase of the development. Dust emissions must be controlled to minimize nuisance for the residents of the surrounding buildings.
Landscaping of the site will be carried out prior to the issuance of the Final Certificate of Occupancy (within each phase if applicable) in accordance with the approved plan. The Section 73 Certificate must be submitted to the Chief Certifying Authority prior to commencement of subdivision plan development/publication.
Maximum Capacity of Venue
- Works as Executed Plans
- Performance/ Maintenance Security Bond
- Completion of Engineering Works
- Public Infrastructure Inventory Report - Post Construction
- OSD System Certification
- Creation of Restrictions / Positive Covenants
- Hours of Operation
- Lighting
- Acoustic - Offensive Noise
- Noise to Surrounding Area
- Hours of operation - Loading dock
- Acoustic - Signage
- Acoustic – Maximum capacity (courtyard)
- Odour and smoke control
- Waste and Recycling Management
- Waste and Recycling Collection
A performance/maintenance bond of 5% of the total cost of the development works must be submitted to Council. The bond will be held for a minimum defect liability period of six months from the certified date of completion of the development works. Where the Council is not the PCA, a copy of the above documentation must be submitted to the Council.
Before a professional certificate is issued, the following restrictions/positive covenants must be registered on the title of the site in question through a request document, Section 88B instrument associated with a plan, or the like. The wording of the covenant must be prepared and submitted to Council for approval before being made on the title of the taxed lot. A copy of the management plan must be kept on site and made available to any authorized officer upon request.
The proposed use of the premises and/or machinery equipment installed must not create objectionable noise so as to impede the amenity of the neighboring properties. Music/noise from gaming machines must be inaudible in public areas outside the gaming room, such as the parking lot. The mechanical plant is permitted to operate during the approved working hours of the bar and may not exceed 35dBALeq (15 minutes) at any residential boundary.
Signage must be maintained at the entrance/exit points to the car park and pub stating the words "please respect our neighbors by reducing noise when entering and leaving the premises". To ensure adequate storage and collection of waste from the use of the Premises, all waste and recyclables coming from the Premises shall be stored in the approved bin area, which shall include storage of all waste generated on the Premises between collections. Arrangements must be made in all areas of the development for the separation of recyclable materials from waste.
The collection of waste and recycling must not cause a nuisance or interfere with the amenity of the surrounding area. Garbage collection vehicles serving the development are not permitted to reverse into or out of the site.
